Citation Numbers: 3 Misc. 2d 598
Judges: Hofstadter
Filed Date: 10/20/1955
Status: Precedential
Modified Date: 2/5/2022
There is nothing in the record to establish that the glassware was not already broken at the time it was delivered to defendant for shipment to New York City. “ Substantial justice has not been done between the parties ” (N. Y. City Mun. Ct. Code, § 185).
The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.